South Australia
Bail Regulations 2000
under the Bail Act 1985

Contents
1	Short title
4	Interpretation
5	Forms
6	Section 13 statement
7	Dealing with surrendered items
Schedule 1—Forms
Schedule 2—Section 13 statement
Legislative history

1—Short title
These regulations may be cited as the Bail Regulations 2000.
4—Interpretation
	(1)	In these regulations—
Act means the Bail Act 1985.
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.
5—Forms
	(1)	The forms set out in Schedule 1 are prescribed for the purposes of the Act.
	(2)	Subject to these regulations, a form set out in Schedule 1 must—
	(a)	be used for the purposes specified in the Schedule; and
	(b)	contain the information required by, and be completed in accordance with, the instructions contained in the forms.
	(3)	Form 2 (Written record of reasons for refusal of bail application) is not required to be used if the bail authority refusing bail is a judge of the Supreme Court or the District Court.
	(4)	If an application for review of a decision of a bail authority is made to the Supreme Court, the application must be made in accordance with the rules of the Supreme Court, instead of using Form 6 (Application for review of bail by magistrate).
6—Section 13 statement
	(1)	For the purposes of section 13(1)(b)(i) of the Act, a written statement explaining how, and to what authorities, an application for release on bail may be made under the Act must be in the form set out in Schedule 2.
	(2)	If it appears that the native language of an applicant for bail is a language other than English, the written statement may be in the form of a translation into that other language of that form.
7—Dealing with surrendered items
	(1)	For the purposes of section 11A(4) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation.
	(2)	A surrendered item that is a prohibited weapon (within the meaning of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown.
	(3)	The Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until—
	(a)	the surrendered item is forfeited to the Crown under this or any other Act; or
	(b)	the surrendered item is returned in accordance with this regulation to the person who surrendered it; or
	(c)	the surrendered item is seized or surrendered under the provisions of another Act,
whichever occurs first.
	(4)	If the condition imposed under section 11(1)(a) on the grant of bail of the person who surrendered the surrendered item is revoked, or the grant of bail is terminated, the person may notify the Commissioner of Police of that fact.
	(5)	Subject to this regulation, if the Commissioner of Police—
	(a)	is notified pursuant to subregulation (4); or
	(b)	otherwise becomes aware that the grant of bail of the person is no longer subject to the condition imposed under section 11(1)(a), or the grant of bail is terminated,
the Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item.
	(6)	If the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out—
	(a)	that the surrendered items specified in the notice are to be returned to the person; and
	(b)	the location at which the surrendered items may be collected; and
	(c)	that the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and
	(d)	that the surrendered items will only be returned if the person holds any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item; and
	(e)	the effect of subregulations (7) and (8).
	(7)	However, the Commissioner of Police may refuse to return a surrendered item to a person if—
	(a)	the person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or
	(b)	the person does not hold any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,
and, if the Commissioner of Police does so refuse, he or she must give notice in writing to the person who surrendered the surrendered item setting out—
	(c)	the reasons for the refusal; and
	(d)	in the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9).
	(8)	If—
	(a)	a surrendered item is not collected within the period specified in subregulation (6)(c); or
	(b)	the person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,
the surrendered item is, by force of this subregulation, forfeited to the Crown.
	(9)	If the Commissioner of Police refuses to return a surrendered item to a person pursuant to subregulation (7)(a)—
	(a)	the surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 11A(1) of the Act); and
	(b)	the surrendered item must be dealt with in accordance with that Act.
	(10)	The Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item.
	(11)	This regulation is in addition to, and does not derogate from, the operation of any other Act or law.
	(12)	No compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation.
	(13)	A notice required to be given to a person under this regulation may—
	(a)	be given to the person personally; or
	(b)	be posted in an envelope addressed to the person—
	(i)	at the person's last known address; or
	(ii)	at the person's address for service; or
	(c)	be left for the person at the person's last known address or address for service with someone apparently over the age of 16 years.
	(14)	In this regulation—
conditional release means—
	(a)	a grant of bail under the Act; or
	(b)	a bond under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or
	(c)	release from prison on home detention or parole, under the Correctional Services Act 1982; or
	(d)	release on licence under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or
	(e)	release on licence, or conditional release from detention, under the Young Offenders Act 1993;
surrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 11A(1) of the Act.

Schedule 1—Forms

Form 1	Application for release on bail	
Form 2	Written record of reasons for refusal of bail application	
Form 3	Grant of bail	
Form 4	Bail agreement	
Form 5	Guarantee of bail	
Form 6	Application for review of bail by magistrate	
Form 7	Application to vary conditions of bail agreement
Application to revoke bail agreement	
Form 8	Application to vary terms of guarantee of bail
Application to revoke guarantee of bail	
Form 9	Notice of withdrawal of application for review of decision of bail authority	
Form 10	Written record of reasons—section 11(1c)	
Form 11	Direction to surrender firearms and ammunition	

Form 3—Grant of bail
Bail Act 1985
(sections 10 and 11)
[Insert full name] (the person) has been granted bail subject to the conditions listed below and stipulated in the bail agreement (see Form 4).
Conditions
	*	The person will reside at [insert address].
	*	The person will reside at [insert address] and will, subject to section 11(2)(ia) of the Bail Act 19851, remain at that place of residence while on bail.
	*	The person will not make contact with [specify]:
	*	The person will place himself/herself* under the supervision of a community corrections officer and obey the lawful directions of the officer.
	*	The person will report to the police at [specify location of police station] between the hours of [insert time] each day/*[specify day of week] commencing on [insert date].
	*	The person will surrender any passport that he/she* may possess.
	*	The person will not possess a firearm, ammunition or any part of a firearm.2
	*	The person will submit to testing for gunshot residue (including testing without notice) [specify details if any]:2
	*	The person agrees to forfeit to the Crown the sum of $[insert amount] if the person fails to comply with a term or condition of the bail agreement.
	*	The person obtains [specify how many required] guarantees in the sum of $[insert amount] each [see over for details of each guarantor].
	*	Other condition(s):
*Strike out whichever does not apply.
Full name of bail authority:
Signature of bail authority:
Date:
Time:
Note—
1	Section 11(2)(ia) of the Act provides that a condition that may be imposed in relation to the grant of bail is that the applicant agrees to reside at a specified address and to remain there while on bail, not leaving it except for remunerated employment, necessary medical or dental treatment, averting or minimising a serious risk of death or injury (whether to the applicant or some other person) or any other purpose approved by an appropriate departmental officer.
2	Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) if the bail authority is satisfied that—
	•	there are cogent reasons for doing so; and
	•	the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.
If a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision.
Details of guarantor(s)
Name in full:
Address:
Form 4—Bail agreement
Bail Act 1985
(section 6(2))
Part A
I, [insert full name] of [insert address] being charged with/convicted of* the following offences [insert offences]:
Agree to be present at [insert name of court] at [insert time] on [insert date], or at any other time when called on and, subject to any direction in this agreement to the contrary, to be present throughout all proceedings relating to this matter until the matter is disposed of.
Directions as to attendance at proceedings [insert]
I agree to comply with all of the conditions of bail listed in this agreement.
I understand that if I do not appear when required, or if I fail to comply with a condition of bail—
	•	I may be arrested with or without a warrant; and
	•	I may have to pay any money that I have agreed to pay to the Crown if I breach this agreement; and
	•	I may be convicted of an offence against the Bail Act 1985 and liable to a maximum penalty of a fine of $10 000 or 2 years imprisonment.
Conditions of bail1
	1	I agree that I will not leave the State for any reason except as allowed under the Bail Act 19852.
	2	I agree that—
	(a)	I will reside at [insert address].
	(b)	I will reside at [insert address] and will, subject to the Bail Act 19853, remain at that place of residence while on bail.
	(c)	I will not make contact with [insert name].
	(d)	I will place myself under the supervision of a community corrections officer and obey the lawful directions of the officer.
	(e)	I will report to the police at [insert address] between the hours of [insert time] and [insert time] each day/*[specify day of week] commencing on [insert date].
	(f)	I will surrender any passport that I possess.
	(g)	I will not possess a firearm, ammunition or any part of a firearm4 6.
	(h)	I will submit to tests (including testing without notice) for gunshot residue [specify details as required]5 6.
	(i)	I will forfeit to the Crown the sum of $[insert amount] if I fail to comply with a term or condition of this bail agreement.
	(j)	I will obtain [insert number of guarantees required by bail authority] guarantees in the sum of $[insert amount] each.
	(k)	Other condition(s):
Signature of person entering agreement:
Date:
Time:
Witnessed by authorised person7:
Signed:
Title, rank or other authorisation:
Date:
Time:
*Strike out whichever does not apply.
Notes—
1	If condition 2(b), 2(d) or 2(e) applies to this agreement, a copy of the agreement must be sent to the government department of which the community corrections officer is an officer or employee, or the police station (as the case requires).
2	Section 11(6) of the Act provides that it is a condition of every bail agreement that the person released under the agreement will not leave the State for any reason—
	•	if the person is under the supervision of an officer of a government department—without the permission of the Chief Executive Officer of the department;
	•	in any other case—without the permission of a judge or magistrate, or member of the police force of or above the rank of sergeant or in charge of a police station.
3	Section 11(2)(ia) of the Act provides that one of the conditions that may be imposed in relation to the grant of bail is that the person agrees to reside at a specified address and to remain there while on bail, not leaving it except for remunerated employment, necessary medical or dental treatment, averting or minimising a serious risk of death or injury (whether to the person or some other person) or any other purpose approved by an appropriate departmental officer.
4	Section 11(1)(a) of the Act provides that it is a condition of every grant of bail that an applicant is prohibited from possessing a firearm, ammunition or any part of a firearm.
5	Section 11(1)(b) of the Act provides that it is a condition of every grant of bail that the applicant submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.
6	Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) if the bail authority is satisfied that—
	•	there are cogent reasons for doing so; and
	•	the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.
If a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision (see Form 10).
7	The authorised person may be the bail authority, a person or person of a class specified by the bail authority, a justice, a member of the police force of or above the rank of sergeant or in charge of a police station or, if the person is in prison, the person in charge of the prison.
Part B: To be completed by bail authority if a condition of bail is altered
Date:
Bail authority:
Details of new condition:
Signature of bail authority:
Signature of person granted bail:
Signature of guarantor:

Form 10—Written record of reasons—section 11(1c)
Bail Act 1985
(section 11(1c))
Bail applicant:1 [insert full name]
Condition of bail to be varied or revoked:
Details of variation if condition is to be varied: [specify as required]
The condition/s* of bail under section 11(1) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons]
Full name of bail authority:
Signature of bail authority:
Date:
Time:
*Strike out whichever does not apply.
Notes—
1	Section 11(1) of the Act provides that every grant of bail is subject to a condition prohibiting the applicant from possessing a firearm, ammunition or any part of a firearm and a condition requiring the applicant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.
2	Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(1) of the Act if satisfied that—
	•	there are cogent reasons to do so; and
	•	the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.
3	Section 11(1c) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision.
Form 11—Direction to surrender firearms and ammunition
Bail Act 1985
(section 11A(1))
[Insert full name] has been granted bail subject to the conditions stipulated in the bail agreement (see Form 4).
Pursuant to section 11A(1) of the Bail Act 1985, I [insert name of bail authority] direct [specify name of person who has been granted bail] to surrender any firearm, ammunition, or part of a firearm owned by you or in your possession forthwith to [specify location of police station].
Full name of bail authority:
Signature of bail authority:
Date:
Time:
Note—
Section 11A(2) of the Act provides that a person who refuses or fails to comply with a direction under section 11A(1) is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.

Schedule 2—Section 13 statement
Form 1—Section 13 statement
Bail Act 1985
How to apply for release on bail
1—General
The law of bail in South Australia is contained in the Bail Act 1985.
This pamphlet is designed to help you decide whether you are eligible to apply for bail, and to assist you in making such an application.
It will also assist people who want to "stand bail" (that is, be a guarantor) for you.
If there are things you do not understand, ask the police, telephone your lawyer, or ask the magistrate or the person who witnesses your bail documents for advice.
If you do not have a lawyer and you want help, you can ask to see the duty solicitor from the Legal Services Commission or telephone the Legal Services Commission during office hours on (08) 8463 3555. (Duty solicitors visit the larger courthouses during office hours—ask the police to contact the duty solicitor for you.)
2—What is a bail agreement?
A bail agreement is an agreement between the Crown and a person requiring the person to be at his or her court hearings and to obey any special conditions set by the court during the period of the operation of the bail agreement in return for the person's release from custody on bail.
3—Can I apply for bail?
Adults
If you are aged 18 years or more, you can apply for bail in any of the following circumstances:
	•	you are appearing before a court in answer to a summons and you might be remanded in custody; or
	•	you are in custody on a charge of an offence after being arrested by the police; or
	•	you have been convicted of an offence but have not yet been sentenced; or
	•	you have been convicted of an offence and sentenced, but you intend to appeal; or
	•	you are appearing in court for allegedly failing to observe a condition of a bond; or
	•	you have been arrested on a warrant and you are appearing, or are to appear, before a court as a witness; or
	•	you have been arrested on a warrant issued by a court—
	—	for failing to appear before that court on charges; or
	—	for breach of a bond,
and the court has authorised the police officer in charge of the police station, or a person specified on the warrant, to grant bail on your arrest.
However, you cannot apply for bail after having been arrested if you are being detained under the Summary Offences Act 1953 for a purpose related to the investigation of an offence until the end of that detention.
People under the age of 18 years
If you are under the age of 18 years, you can apply for bail if you have been arrested on suspicion of having committed an offence and you have been taken into police custody.
4—I think I qualify for bail
To whom do I apply for bail?
There are various bail authorities under the Bail Act 1985 that can hear and decide bail applications.
The following is a list of bail authorities for the purposes of the Act:
the Supreme Court, the court before which you were charged, any court before which you must appear in relation to the matter, a justice, a sergeant of police, a police officer of a rank higher than sergeant, a police officer in charge of a police station, the person specified on the warrant for your arrest.
Depending on your circumstances, you can apply to one of these bail authorities. You should check with a police officer, your lawyer or a court officer as to whom you must apply for bail.
How do I apply for bail?
Your application for bail must be in writing.
Application forms are available from police stations, gaols and courts. You must answer all questions.
If you were under the age of 18 years at the time you allegedly committed the offence for which you are arrested, your parent, guardian or custodian may assist you to make your application.
If there is something you do not understand, ask a police officer, your lawyer or a court officer to explain.
5—On what grounds will bail be granted?
Whether or not you are granted bail will depend on many factors, including—
	•	the seriousness of the alleged offence;
	•	the likelihood that you—
	—	may not attend court when required; or
	—	may offend again; or
	—	may interfere with evidence or a witness;
	•	any need you, or an alleged victim, may have for physical protection;
	•	medical matters;
	•	whether you have previously breached bail conditions;
	•	any other relevant matter.
6—What can I do if I am refused bail?
If your application for bail is unsuccessful, you can ask for that decision to be reviewed. (A review is a type of appeal.)
If the bail authority is a police officer or a justice, the review will be carried out by a magistrate, who can be contacted (by telephone if necessary) by the person who made the original decision.
Once the magistrate has been told the facts of the case and the reason why your application was refused, you have the right to put your case. The magistrate must reach a decision straight away.
If the bail authority is a magistrate or a District Court judge, the review must be carried out by a Supreme Court judge.
If you are refused bail, you will be given a copy of the written reasons for that refusal.
7—What is meant by a bail agreement?
When you enter into a bail agreement, you are agreeing to attend a particular court on the next date and at the time fixed for your case as well as on every other occasion when your matter is listed and, unless directed otherwise in the agreement, to be present in court each time your matter is listed until it is finished.
You are also agreeing to comply with all of the conditions set out in your bail agreement. Failure to obey any condition of a bail agreement is a criminal offence and can, in some cases, be punished by up to 2 years gaol or a fine of up to $10 000.
In addition, any money promised to the Crown as part of your bail agreement may have to be paid and, if necessary, collected in the same way as a fine.
8—What are conditions of bail?
Conditions of bail are the rules that you must obey in return for your freedom.
In all cases, except where a bail authority allows you to live interstate or gives you permission to travel interstate for a specific reason, you cannot leave South Australia while on bail.
It is a condition of bail that you must not possess a firearm, ammunition, or any part of a firearm, and that you submit to such tests (including testing without notice) for gunshot residue, as required by the bail authority. These two conditions apply to the grant of every bail, and can only be varied or revoked if the bail authority is satisfied that there are cogent reasons to do so and the possession of a firearm, ammunition or part of a firearm does not represent an undue risk to the safety of the public. The bail authority must make a written record of the reasons for its decision to vary or revoke these conditions. Once you have been granted bail, the bail authority may direct you to surrender any firearms or ammunition you own or possess.
Other restrictions can be imposed on you, including, for example, not seeing or contacting certain people, staying away from certain places, agreeing to live at a certain address, being under the supervision of a community corrections officer, reporting to the police on a regular basis or giving up your passport. Conditions are set by the court to suit individual cases.
You can ask a bail authority to vary the conditions imposed on you under the bail agreement.
9—What is a guarantor and what does a guarantor have to do?
Your guarantor is a person who enters into a guarantee that you will, if freed on bail, obey all the conditions of bail set by the bail authority (see clause 8).
If you do not comply with a condition of your bail agreement and you breach a condition, or if the guarantor knows that you have breached a condition or that you are likely to breach a condition, the guarantor must tell the police what you have done or are likely to do. If the guarantor does not do so, the guarantor can be liable to a fine of up to $1 250.
In addition to the possibility of having to pay a fine, if you breach a condition of your bail agreement, your guarantor may have to pay to the Crown the sum of money that the guarantor has undertaken to pay in the guarantee.
10—Guarantor may apply to have guarantee varied or revoked
Your guarantor may, at any time, apply to a bail authority to have the terms of the guarantee varied or the guarantee revoked. This could happen if your guarantor is afraid you may abscond or otherwise not comply with the conditions of your bail agreement.

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Revocation of regulations
The Bail Regulations 2000 were revoked by Sch 4 of the Bail Regulations 2015 on 1.9.2015.
Legislation revoked by principal regulations
The Bail Regulations 2000 revoked the following:
Bail Regulations 1987
Principal regulations and variations
Year	No	Reference	Commencement	
2000	36	Gazette 11.5.2000 p2494	1.9.2000: r 2	
2000	185	Gazette 10.8.2000 p474	1.9.2000: r 2	
2013	18	Gazette 21.2.2013 p505	4.3.2013: r 2	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under Legislation Revision and Publication Act 2002	4.3.2013	
r 5			
r 5(3)	varied by 185/2000 r 3	1.9.2000	
r 7	inserted by 18/2013 r 4	4.3.2013	
Sch 1			
Form 1	varied by 185/2000 r 4	1.9.2000	
Form 3	substituted by 18/2013 r 5(1)	4.3.2013	
Form 4	substituted by 18/2013 r 5(2)	4.3.2013	
Form 10	inserted by 18/2013 r 5(3)	4.3.2013	
Form 11	inserted by 18/2013 r 5(3)	4.3.2013	
Sch 2			
Form 1 before substitution by 18/2013			
cl 6	varied by 185/2000 r 5	1.9.2000	
Form 1	substituted by 18/2013 r 6	4.3.2013	
Historical versions
1.9.2000